OREAT Dismisses Promoter's Appeal Against Odisha RERA Conditions on Ghatikia Project, Upholds Homebuyer Protection Measures
Bhubaneswar, March 6, 2026: The Odisha Real Estate Appellate Tribunal has dismissed an appeal filed by a promoter challenging the conditions imposed by the Odisha Real Estate Regulatory Authority on the registration of phase III of his real estate project in Ghatikia .
Conditions Imposed by ORERA
ORERA, while issuing the registration certificate for the third phase, put two conditions before the promoter — barring the company from executing any agreement for sale without re-validated building plan approval or an occupancy certificate, and prohibiting any sale agreements until the Orissa High Court's directions on correction of land records were fully complied with .
Background of Land Dispute
The dispute arose from a mismatch in revenue records, where 1.016 acres of the project land — originally allotted by the Bhubaneswar Development Authority — was recorded as 'jungle kisam', or forest land. The High Court, on September 3, 2024, ordered the government for correction of these records within two months .
With the order yet to be implemented, the project's developer filed a contempt petition with the High Court that remained pending .
Developer's Arguments
Arguing before OREAT, the developer said the conditions were arbitrary, disproportionate, and unfairly penalised the company for administrative lapses committed by government departments during land settlement. The promoter maintained that agreements for sale do not create title and therefore should not be restricted, especially when the delay was beyond its control .
Tribunal's Observations
OREAT, in its March 1 order, argued that without the corrected records, the land title remained in a fluid state, making it unsafe for buyers to enter into binding agreements or expect valid deeds or possession. It also pointed out that valid sanctioned plans and compliance with approvals are mandatory under the Real Estate (Regulation and Development) Act, 2016 .
After examining the submissions and legal provisions, the tribunal upheld ORERA's position, observing that the clauses were neither excessive nor unlawful. It noted that allowing sale agreements without corrected land records would run contrary to the objectives of the RERA Act, which emphasises protection of homebuyers .
Previous NGT Intervention
Last year, the National Green Tribunal had also stopped the construction of the third phase of the project as it lacked a valid environmental certificate from the State Environment Impact Assessment Authority of Odisha. SEIAA asked the builder to construct a necessary storm water drain before continuing construction .
Resident's Perspective
"This is one of the biggest housing projects being executed in the city. The load of the project will be paramount in the nearby areas and other housing societies in the vicinity. The promoter has to comply with the regulations," said Sanu Das, a resident who filed the complaint with the NGT .